313 Mass. 550 | Mass. | 1943
John J. Lyons, late of Arlington, by his will dated June 18, 1924, left the residue of his estate in trust for the support of his wife and his five children, all of whom survived him, with a provision not now material for the sale of certain real estate to the testator’s son. Then follow these paragraphs:
“Upon the death of my wife, I give and bequeath the balance of the trust fund as follows: Twenty thousand dollars of said balance to be paid to my daughter Louise F. Lyons.
“After first paying this twenty thousand dollars as aforesaid, I give and bequeath all the rest, residue and remainder of the trust property to all my children, including said Louise, absolutely, share and share alike, and the children of any deceased child to take by right of representation.”
The will was allowed March 19, 1928. The testator’s widow died August 3, 1940. One of the testator’s daughters died before the widow, leaving surviving her a husband but no children. The question is whether the remainders to the testator’s children vested at the testator’s death, in which case the share of the daughter who since deceased would go to those entitled to her estate, or were contingent until the death of the widow, in which case nothing passed to the daughter who died before the widow.
We think that the remainders vested at the death of the testator and that, after the payment of the $20,000 to Louise F. Lyons, the share of the deceased daughter is to be distributed as part of her estate. We find nothing in the language of the will that can overcome the preference of the law for vested remainders — a preference that is
The decree is reversed, and a decree is to be entered in accordance with this opinion.
Ordered accordingly.